Broadcast Bulletin Issue Number 158 24/05/10
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O fcom Broadcast Bulletin Issue number 158 24 May 2010 1 Ofcom Broadcast Bulletin, Issue 158 24 May2010 Contents Introduction 5 Note to Broadcasters Provider of a broadcasting service 6 Standards cases In Breach Bang Babes Tease Me: 25 January 2010, 21:00, and 27 January 2010, 21:30 Tease Me 2: 10 February 2010, 21:00 7 Tease Me: Earlybird Tease Me TV (Freeview), 25 January 2010, 07:15 12 Tease Me: Earlybird Tease Me TV (Freeview), 15 February 2010, 05:30 16 Special Message AT, 17 September 2009, 20:39 19 CNN YouTube Debate on Climate Change CNN International, 16 December 2009, 20:00 22 Wedi 7 S4C, 1 March 2010, 19:00 27 Asiana Bridal Show 2010 Sunrise TV, 21 February 2010, 20:00 29 Resolved (Celebrity) Big Brother’s Big Mouth E4, 29 January 2010, 23:05 31 Advertising scheduling cases In Breach Advertising minutage Kix!, Pop, Pop Girl, Tiny Pop, True Entertainment, True Movies, True Movies 2, various dates and times 35 Advertising minutage Film 24, 1 to 14 March 2010, various dates and times 37 2 Ofcom Broadcast Bulletin, Issue 158 24 May 2010 Advertising minutage ESPN, 17 February 2010, 20:00, 19 February 2010, 16:00, 24 February 2010, 20:00, 26 February 2010, 06:00, and 28 February 2010, 15:00 ESPN Classic, 27 February 2010, 00:00 38 Advertising minutage Zing, 15 March 2010, 14:00, 15 March 2010, 15:00, 16 March 2010, 14:00 and 17 March 2010, 15:00 40 Advertising minutage More 4, 3 March 2010, 00:00 Channel 4 and S4C, 20 February 2010, 13:00 41 Advertising minutage Horse & Country TV, 2 March 2010, 21:00 and 8 March 2010, 21:00 43 Advertising minutage Body in Balance, 4 April 2010, 17:00 44 Note to Broadcasters Ofcom’s Code on the Scheduling of Television Advertising 45 Other cases In Breach 209radio, community radio service for Cambridge 28 February 2010 to present 46 Fairness & Privacy cases Upheld Complaint by Islam Channel 5 Live Breakfast, BBC Radio 5, 8 September 2009 48 Partly Upheld Complaint by Mr Keith Harding Channel M News, Channel M, 29 June 2009 51 Not Upheld Complaint by Mr David Ham on his own behalf and on behalf of Mrs Lorraine Ham (his wife), Miss Rubi Ham and Miss Chelsie Ham (his daughters) Saints and Scroungers, BBC1, 18 August 2009 58 Complaint by Steeles Law Solicitors made on behalf of Mr Keenam Bradshaw-Davis Dispatches: Rape in the City, Channel 4, 22 June 2009 82 3 Ofcom Broadcast Bulletin, Issue 158 24 May 2010 Complaint by Ms Nassila Zelleg Brighton Beach Patrol, Five, 30 October 2009 (and repeated on 3 November 2009 on Fiver) 90 Other programmes not in breach 96 4 Ofcom Broadcast Bulletin, Issue 158 24 May2010 Introduction The Broadcast Bulletin reports on the outcome of investigations into alleged breaches of those Ofcom codes which broadcasting licensees are required to comply. These include: a) Ofcom’s Broadcasting Code (“the Code”) which took effect on 16 December 2009 and covers all programmes broadcast on or after 16 December 2009. The Broadcasting Code can be found at http://www.ofcom.org.uk/tv/ifi/codes/bcode/. Note: Programmes broadcast prior to 16 December 2009 are covered by the 2005 Code which came into effect on 25 July 2005 (with the exception of Rule 10.17 which came into effect on 1 July 2005). The 2005 Code can be found at http://www.ofcom.org.uk/tv/ifi/codes/bcode_2005/. b) the Code on the Scheduling of Television Advertising (“COSTA”) which came into effect on 1 September 2008 and contains rules on how much advertising and teleshopping may be scheduled in programmes, how many breaks are allowed and when they may be taken. COSTA can be found at http://www.ofcom.org.uk/tv/ifi/codes/code_adv/tacode.pdf. c) other codes and requirements that may also apply to broadcasters, depending on their circumstances. These include the Code on Television Access Services (which sets out how much subtitling, signing and audio description relevant licensees must provide), the Code on Electronic Programme Guides, the Code on Listed Events, and the Cross Promotion Code. Links to all these codes can be found at http://www.ofcom.org.uk/tv/ifi/codes/ From time to time adjudications relating to advertising content may appear in the Bulletin in relation to areas of advertising regulation which remain with Ofcom (including the application of statutory sanctions by Ofcom). It is Ofcom’s policy to describe fully the content in television and radio programmes that is subject to broadcast investigations. Some of the language and descriptions used in Ofcom’s Broadcast Bulletin may therefore cause offence. 5 Ofcom Broadcast Bulletin, Issue 158 24 May2010 Note to Broadcasters Provider of a broadcasting service Ofcom has become aware of an increasing incidence of capacity on broadcasting platforms being 'sub-let' by one person to another. As a result, Ofcom has recently published guidance about who we regard as the person who is the provider of a broadcasting (i.e. TV and radio) service and should therefore hold a broadcasting licence to provide the service. Generally, the provider of the service is the person who is in a position to determine what is to be included in the service or, in the words of the Communications Act 2003, the person “with general control over which programmes and other services and facilities are comprised in the service (whether or not he has control of the content of individual programmes or of the broadcasting or distribution of the service)”. The full text of the document can be found at the following links: http://www.ofcom.org.uk/tv/ifi/guidance/ http://www.ofcom.org.uk/radio/ifi/ifiguidance/ 6 Ofcom Broadcast Bulletin, Issue 158 24 May2010 Standards cases In Breach Bang Babes Tease Me, 25 January 2010, 21:00, and 27 January 2010, 21:30 Tease Me 2, 10 February 2010, 21:00 Introduction Bang Babes is an adult sex chat television service, owned and operated by Bang Channels Limited (“Bang Channels” or “the Licensee”) and available freely without mandatory restricted access on the channels Tease Me and Tease Me 2 (Sky channel numbers 912 and 948). Both channels are situated in the 'adult' section of the Sky electronic programme guide ("EPG"). These channels broadcast programmes after the 21:00 watershed based on interactive 'adult' sex chat services: viewers are invited to contact onscreen female presenters via premium rate telephony services ("PRS"). The female presenters dress and behave in a sexually provocative way while encouraging viewers to contact the PRS numbers. Ofcom received complaints about the following broadcasts. The complainants said that the content transmitted was too sexually explicit to be broadcast at the time it was broadcast. Bang Babes, Tease Me, 25 January 2010, 21:00 to 22:00 This broadcast featured a presenter wearing fishnet tights and a skimpy all in one “body” with a g-string back. Her breasts were exposed but with black plasters over her nipples. At various times during the broadcast the presenter adopted sexual positions, including lying on her back with her legs wide open to camera and kneeling on all fours bending over with her buttocks close to camera. While in these positions the presenter repeatedly carried out a number of sexually provocative actions. These included stroking and jiggling her buttocks and breasts close to camera and pulling her buttocks apart to reveal outer labial detail. Bang Babes, Tease Me, 27 January 2010, 21:30 to 22:15 This broadcast featured two presenters wearing PVC and/or rubber type all in one bodices/corsets. They used various sexual “toys” in a playful but provocative way as props in their performance (including a rubber strap-on dildo, a rubber dildo holder, a ruler and a whip). During the broadcast they adopted various sexual positions, including bending over to camera and opening their legs to camera while both standing and seated. While in these positions, at various times during the broadcast, the presenters’ outer labial areas were revealed due to their skimpy underwear. The presenters stroked their breasts and buttocks, and played with the props suggestively, licking them or using them to hit themselves gently. The two presenters ran their hands and fingers over their g-strings touching their genital areas and just after 22:00 one rubbed her genitalia, simulating masturbation. Bang Babes, Tease Me 2, 10 February 2010, 21:00 to 21:30 This broadcast featured a presenter with a purple/black bra top and thin g-string with a lace mini skirt over this. Her body and breasts were oiled. The presenter adopted various sexual positions including: bending over while on all fours thrusting her buttocks direct to camera, leaning back with her legs open and moving her body up and down while squatting. While in these positions the presenter tugged at her g- 7 Ofcom Broadcast Bulletin, Issue 158 24 May 2010 string to reveal some labial detail and pulled at her buttocks to reveal anal detail. During the broadcast the presenter also simulated insertion of a finger into her vagina, touched her thong around her genital area and licked her fingers suggestively. Ofcom requested comments from Bang Channels in relation to the following Code Rules: • Rule 2.1 - the broadcaster must apply generally accepted standards; and • Rule 2.3 - offensive material must be justified by context. Response In relation to each broadcast the Licensee stated the following. Bang Babes, Tease Me, 25 January 2010, 21:00 to 22:00 The broadcaster said that the broadcast was post watershed and that it was not sufficiently strong enough to cause any problems to viewers, even given its close proximity to the watershed.